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national captioning institute this is a line 21 closed caption test being performed by the national ca
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>> we are ready to move on to item number 7. this regards the property at 3224 and half 22nd street. we will start with the department. you have seven minutes. >> good morning, commissioners. 8 little background on this permit application. the application was submitted to the department on march 29th of 2010. as part of the permit, we
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received some code compliance information on march 26th. we did a notification on april 6th stating that there is a notice of intent to place tables and chairs at this property. we received two objections to the notice of intent. we reviewed the information -- we provided a directing a hearing for june 30th. the department posted the surrounding mary fisk on june
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14th. during the intervening time, we received objectives to the potential issuance of this permit. we held a hearing on june 30th forward this permit. the public showed up and provide it testimony. the applicant did not show up. we took the information that was provided to us and we provided. the denial of permit was submitted to the department of public works. the department denied a permit application on july 14th.
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when we received the appeal from the merchant in this case. we did not receive a notification. we did our due diligence trying to figure out what is going on. we believe that we have followed
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all of our procedures. we request that the board uphold the decision. >> i have a question. what are the rules about smoking and outdoor seating? >> if the denial is up held and the business owner changes the business or cafe, are they prohibited from replying for a certain amount of time. >> typically this is a year.
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xdthis is under the same busines name and that the business merchant. this is still considered the same business. >> thank you. >> this has to do with the shared interests. do we know the salon as opposed to this table and chair or table and chairs? >> actually, one of the initial responses was from the business owner. there was some concern regarding no smoking and the awareness. >> ok, thank you. >> ok, we can hear from the appellant now.
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>> one thing that was mentioned is that the course of business has changed. one of the main reasons is the concerns of the neighbors and another reason was the ruling prohibiting smoking in small shops. this happened about two months ago so we shut the business down. this has been going on for almost a month.
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every business in this area, every cafe, they have tables and chairs outside. that has been my main concern. >> have you talked to your neighbors? >> yes. >> the department of public works stated that the beauty salon.
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is that your understanding that they're opposed to putting tables and chairs. >> smoking outside. as long as there is no smoking inside and outside of the premises, this is not a concern. >> i think they also raised a concern about people congregating in the shared entrance. >> the plan is that they will not obstruct the common interest. >> is this different from the
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cafe? >> they are different. this will be a cafe. we intended to start this month. the inspectors looked at what is going on. >> the building inspectors can let us know. on the block, what other
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businesses have tables and chairs on the sidewalk. >> there's one on the corner. >> they have tables and chairs? >> yes, they have their downside. >> on the same side? >> yes. >> is there any public comment on this item? please step forward.
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>> hello, i own an arts gallery several blocks away. i have some pictures, can i put them up here? i just want to show the outside seeing in the neighborhood. -- outside seating in the neighborhood. this is a picture of the park which is something that the city just sanctioned to be put in on the street which is additional outside seating. this is now a little park. even though i live on 24th street, my home away from home
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is 22nd street. on moving to san francisco, what i really appreciated was the cafe culture. this particular block brings such diversity, i have met people there from around the world. we congregate to get there. we exchanged opinions and ideas. part of that is the flow of the outside as well as the inside in that area. the proposed cafe will offer a as i understand it, turkish coffee. this is something you cannot get anywhere else. i would like to see this. this is no longer a smoke shop. this has been cut down.
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this is a tiny space. this is not economically viable. in the spirit of diversity and cooperation in, they have made plans to keep the congregation from the shared entrance to insure that there's not smoke bothering these people. i have every confidence that they will continue this and i would like to see this permit granted.
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i would like to see the chairs and tables go out there. thank you for your time. >> good evening. i'm here to speak on behalf of the beauty shop. i'm a long-term client of these. this will reflect differently on
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the salon. >> good evening, commissioners. i support the granting of the denial. the hearings history sounds pretty colorful. i can say that after decades of patronage and on the block, i have rarely seen in more community-spirited merchant.
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what we like about the area is the color and vibrancy. one of the things that happened in this case is that the circumstances have changed. it is and possible for them to operate in the old way because the ordinances have changed blocking the former use. the reeducation of the model for that space merits the permit being granted. also you have consistent uses that have the permit for tables and chairs.
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the more people you have on the streets, the more the public is present. when you look at the big picture, whatever the history of the hearing, i think that we have they changed context and one that merits the opportunities and it is a very conscientious merchant that will do the right thing.
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>> i him in opposition. we are on the left side. by putting tables there, that will interfere. without the benches, i would see food, beer, all kinds of things. i'm afraid that i have lost a lot of customers because of the smoking, and allowed music.
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people are smoking marijuana and other things. i am opposed to that. we are not many here because we have five workers representing them and my customers and my salon has small children and families their. they have put strippers' there and they are selling beer. there is no permit applying. they cannot mix business with smoking and food.
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thank you very much. i am opposed to that on behalf of the customers and families that would like to see the street preserved. they are applying for that, food and beer. >> sir, what are your hours? >> 10:00 until 6:00. weekends, 10:00 until 8:00. >> how long have you been the owner? >> 35 years. >> how long as the appellant in the owner of the shop? has this been the same amount of time? >> i was their first and i was
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really disappointed with the place. >> when was that picture taken? >> this was in august. these are the places that they have not clean. >> there is a lot of smoking in the cafe. >> thank you. >> from my understanding, they
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are requesting that you overturn the decision of the department based upon a change in use. the initial application stated that he used outdoor activity. he did not say this as a cafe or anything, this was approved by planning. he made no mention some of these changes. we had a directors hearing. there is an address for concerned. he did not show up. he said that this was an emergency.
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he said that he had to make the content and that there was no issue with the department. yet, there is a report stating that now the decision was -- in some way because specifically he is changing the use of the business. the department has an opinion in this case. >> what about the tables? >> currently, they want have them from 11 a.m. until 1:00 a.m..

September 22, 2010 6:00pm-6:30pm PST

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